Excepted Service Appointing Authority: Schedule A

NSEP award recipients may be appointed to Federal Government positions under the Schedule A Excepted Service Appointing Authority. NSEP award recipients’ eligibility under this authority is specified in the Code of Federal Regulations, (CFR), Title 5, Volume 1, Section 213.3102 (r).

5 CFR 213.3102 (r):

Positions established in support of fellowship and similar programs that are filled from limited applicant pools and operate under specific criteria developed by the employing agency and/or a non-Federal organization. These programs may include: internship or fellowship programs that provide developmental or professional experiences to individuals who have completed their formal education; training and associateship programs designed to increase the pool of qualified candidates in a particular occupational specialty; professional/industry exchange programs that provide for a cross-fertilization between the agency and the private sector to foster mutual understanding, an exchange of ideas, or to bring experienced practitioners to the agency; residency programs through which participants gain experience in a Federal clinical environment; and programs that require a period of Government service in exchange for educational, financial or other assistance. Appointments under this authority may not exceed 4 years.

Note that OPM states that individuals may be hired non-competitively up to 4 years under this regulation.

This authority became effective on November 28, 1997.

Converting to Career or Career-Conditional Status

On October 28, 2009, the President signed into law a new piece of legislation that directly impacts NSEP award recipients. This new law is cited below:

SEC 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETEING THE NATIONAL SECURITY EDUCATION PROGRAM
Section 802 of the David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is amended by adding at the end of the following new subsection:

"(k) EMPLOYMENT OF PROGRAM PARTICIPANT.-

The Secretary of Defense, the Secretary of Homeland Security, the Secretary of State, or the head of a Federal agency or office identified by the Secretary of Defense under subsection (g) as having national security responsibilities-

"(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a position that is identified under subsection (b)(2)(A)(i) as having national security responsibilities, or to a position in such Federal agency or office, in the excepted service an individual who has successfully completed an academic program for which a scholarship or fellowship under this section was awarded and who, under the terms of the agreement for such scholarship or fellowship, at the time of such appointment owes a service commitment to such Department or such Federal agency or office; and
"(2) may, upon satisfactory completion of two years of substantially continuous service by an incumbent who was appointed to an excepted service position under the authority of paragraph (1), convert the appointment of such individual, without competition, to a career or career conditional appointment."

Implementation guidance for this new law is being developed. Details will be posted on this website once this guidance has been determined.

Using the Schedule A

Different departments and agencies have different administrative procedures for implementing the Schedule A hiring exemption. Please refer to your own office's human resources department to learn more about the logistics of hiring an NSEP award recipient using Schedule A.

The NSEP award recipient will likely be required to submit proof of his or her status as an NSEP award recipient in good standing. A copy of the NSEPnet resume, acquired by the hiring official through NSEPnet, can serve as this proof. NSEP can also provide letters of certification on behalf on its award recipients. Contact Ms. Lauren Willy or Mr. Brady Alsaker at service@nsepnet.org to request a letter of certification. If an award recipient, please refer to How NSEP Can Help before requesting such a letter.